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Brief • January 15, 2016
Trujillo v. NM Corrections Dept, NM, Settlement, Public Records, 2016 CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE IN FULL FOR THE SOLE AND ONLY CON SID ERA TION OF TWELVE THOUSAND ONE HUNDRED AND SIXTY-EIGHT and 00/100 Dollars ($12,168.00) paid to the Undersigned on behalf of Andrew Trujillo, (hereinafter referred to as …
Article • November 16, 2015
Kentucky Supreme Court Affirms Open Records Act Exception by Kentucky Supreme Court Affirms Open Records Act Exception The Supreme Court of Kentucky affirmed, on December 19, 2013, the state court of appeals’ affirmation of the circuit court’s finding for the city of Hopkinsville (the City) in a dispute with the …
Article • November 6, 2015
South Carolina: Autopsy Reports Not Open Records by South Carolina: Autopsy Reports Not Open Records In an opinion delivered on July 16, 2014, the Supreme Court of South Carolina held that autopsy reports are "medical records" within the meaning of the South Carolina Freedom of Information Act, Title 30, Chapter …
Article • November 6, 2015
Court Rules National Geographic and Naturist Catalogue Pictures Not Child Pornography by Court Rules National Geographic and Naturist Catalogue Pictures Not Child Pornography John Rex is a prisoner at the Massachusetts Correctional Institution at Norfolk. On August 31, 2011, after a search of Rex's cell, guards found an envelope containing …
Article • November 6, 2015
Access to Documents Related to Conviction Denied in Mississippi by Access to Documents Related to Conviction Denied in Mississippi In a 6-3 ruling, the Mississippi Supreme Court has upheld the denial of a public records request of a man who was attempting to show his conviction was unlawful. Timothy Pryer …
Article • November 3, 2015
Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute by Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute On July 10, 2014, the en banc Oregon Supreme Court held that arrest for a parole or probation violation qualifies as an arrest …
Article • November 2, 2015
No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson On October 3, 2013, the Oregon Supreme Court upheld a lower court’s refusal to grant a …
Article • November 2, 2015
Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
Article • October 27, 2015
No PRA Sanctions for Washington Prisoners Absent Bad Faith by Mark Wilson No PRA Sanctions for Washington Prisoners Absent Bad Faith by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
Article • October 26, 2015 • from PLN November, 2015
Florida’s IQ Rule for Death Penalty Exemption Unconstitutional by David Reutter Florida’s IQ Rule for Death Penalty Exemption Unconstitutional by David Reutter Florida’s “rigid rule” that requires defendants to have an IQ of 70 or less before they can present mitigating evidence of an intellectual disability “creates an unacceptable risk …
Article • October 26, 2015 • from PLN November, 2015
Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Appellate Court Orders Review of State Budget Over Private Prison Sale by Gary Hunter Ohio Governor John Kasich joined legislators in protesting an order by Ohio’s Tenth District Court of Appeals that instructed a …
Article • October 26, 2015 • from PLN November, 2015
California: Ex-Prisoners on Community Supervision Secure Major Voting Rights Victory by Lonnie Burton California: Ex-Prisoners on Community Supervision Secure Major Voting Rights Victory by Lonnie Burton Tens of thousands of convicted felons in California will have their voting rights restored after Secretary of State Alex Padilla announced he will not …
Article • October 16, 2015
Supreme Court Upholds Virginia FOIA's Exclusion of Non-Virginians by Matthew Clarke Supreme Court Upholds Virginia FOIA's Exclusion of Non-Virginians by Matt Clarke On April 29, 2014, the Supreme Court of the United States held that the provision of the Virginia Freedom of Information Act (FOIA) providing that "all public records …
Article • October 15, 2015
California District Attorney’s Records Subject to Disclosure through Prisoner’s Public Records Request by California District Attorney’s Records Subject to Disclosure through Prisoner’s Public Records Request The California Appeals Court for the Fourth District held that a district attorney’s office was required to produce records to a prisoner seeking them through …
Article • September 29, 2015
Indiana Supreme Court Upholds Private Party Fees in APRA Case by Indiana Supreme Court Upholds Private Party Fees in APRA Case In July 2012, the Supreme Court of Indiana affirmed the trial court’s apportionment of attorney’s fees awarded to the plaintiff, International Union of Painters and Allied Trades (Union). The …
Article • September 18, 2015
Ohio Supreme Court Affirms Denial of Attorney Fees in Oversight Issue by Ohio Supreme Court Affirms Denial of Attorney Fees in Oversight Issue On February 19, 2014, the Supreme Court of Ohio affirmed the denial of mandatory attorney’s fees for appellant Emilie DiFranco, whose request for public records went unfulfilled …
Article • September 16, 2015
The Brilliant Idea From Europe That Could Revolutionize Child Support by Bryce Covert The Brilliant Idea From Europe That Could Revolutionize Child Support by Bryce Covert Walter Scott, a father to four children, was shot dead by a police officer later charged with first-degree murder while running away from him. …
Filing • September 1, 2015
PLN v. CCA, VT, Ruling on Motion for Fees, Public Records, 2015 STATE OF VERMONT SUPERIOR COURT Washington Unit CIVIL DIVISION Docket No. 332-5-13 Wncv Prison Legal News Plaintiff v. Corrections Corporation of America Defendant DECISION Plaintiff's Motion for Reimbursement of Fees and Costs This is an unusual public records …
Filing • July 27, 2015
PLN v. IDOC, IL, Complaint, FOIA, 2015 E-Notice 2015-CH-11292 CALENDAR: 16 To: Matthew Vincent Topic matt@loevy.com NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS PRISON LEGAL NEWS vs. ILL. DEPT. OF CORRECTIONS 2015-CH-11292 The transmission was received on 07/27/2015 at 6:53 AM and was ACCEPTED with …
Brief • July 27, 2015
PLN v. IDOC, IL, Complaint, FOIA, 2015 E-Notice 2015-CH-11292 CALENDAR: 16 To: Matthew Vincent Topic matt@loevy.com NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS PRISON LEGAL NEWS vs. ILL. DEPT. OF CORRECTIONS 2015-CH-11292 The transmission was received on 07/27/2015 at 6:53 AM and was ACCEPTED with …
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